Personal Security

Ulrich Drobnig

Published by Otto Schmidt/De Gruyter european law pub 2007

Personal Security

Ulrich Drobnig

In the series Principles of European Law

https://doi.org/10.1515/9783866537095

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About this book

A creditor who made a loan to a debtor but does not have full confidence into the ability or willingness of the debtor to repay the loan fully and punctually, has two main options for securing his loan capital: He either can demand that the debtor gives him real security by encumbering one or several of his assets. Or he suggests to the debtor to win over a third party to act as a guarantor and to assume joint liability for repayment of the loan.

Such a form of personal security by means of a bond has been known for centuries. During the last decades, however, a number of other models for providing personal security for loans have been developed, in particular the guarantee, by now widely used in commerce.

Within the framework of plans of the Commission of the European Union to work out a uniform "framework of reference" for contract law, a multinational work group of the Study Group on a European Civil Code prepared proposals for uniform rules on personal security models. The proposals are based on legal developments formulated in the member states in the last decades and present draft uniform rules for the two basic types, viz. the dependent and the independent personal security for loans. Each proposal not only is accompanied by explanations but the legal situation in each of the 15 old member states is sketched also.

The work therefore is not only a presentation of a future model for European rules to come but provides also a fairly detailed indication of the present legal situation in the member states.

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Frontmatter Requires Authentication Unlicensed Licensed Download PDF	I
Table of Contents Requires Authentication Unlicensed Licensed Download PDF	XVII
Text of Articles Requires Authentication Unlicensed Licensed Download PDF	1
Principles of European Law on Personal Security Requires Authentication Unlicensed Licensed Download PDF	77
Chapter 1: Common Rules Requires Authentication Unlicensed Licensed Download PDF	87
Chapter 2: Dependent Personal Security (Suretyship Guarantees) Requires Authentication Unlicensed Licensed Download PDF	195
Chapter 3: Independent Personal Security (Indemnities/Independent Guarantees) Requires Authentication Unlicensed Licensed Download PDF	319
Chapter 4: Special Rules for Personal Security of Consumers Requires Authentication Unlicensed Licensed Download PDF	379
Annexes Requires Authentication Unlicensed Licensed Download PDF	439

Language: English
Publisher: Otto Schmidt/De Gruyter european law pub
Pages
- Front matter: 32
- Main content: 567

eBook

Published: April 27, 2009
ISBN: 9783866537095